H. B. 2763
(By Delegates Perdue, Perry, Ellington,
Lawrence, Moye and Staggers)
(By Request of the Department of Health and
[Introduced February 28, 2013; referred to the
Committee on Health and Human Resources then the
A BILL to amend and reenact §16-5O-2 of the Code of West Virginia,
1931, as amended, relating to removing an adult family care
home from the definition of a facility for the purposes of the
Medication Administration by Unlicensed Personnel Act.
Be it enacted by the Legislature of West Virginia:
That §16-5O-2 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 5O. MEDICATION ADMINISTRATION BY UNLICENSED PERSONNEL.
As used in this article, unless a different meaning appears
from the context, the following definitions apply:
(a) "Administration of medication" means:
(1) Assisting a person in the ingestion, application or
inhalation of medications, including prescription drugs, or in the
use of universal precautions or rectal or vaginal insertion of medication, according to the legibly written or printed directions
of the attending physician or authorized practitioner, or as
written on the prescription label; and
(2) Making a written record of such assistance with regard to
each medication administered, including the time, route and amount
taken. However, for purposes of this article, "administration"
does not include judgment, evaluation, assessments, injections of
medication, monitoring of medication or self-administration of
medications, including prescription drugs and self-injection of
medication by the resident.
(b) "Authorizing agency" means the department's office of
Health Facility Licensure and Certification.
(c) "Department" means the Department of Health and Human
(d) "Facility" means an ICF/ID, assisted living, behavioral
health group home, private residence in which health care services
are provided under the supervision of a registered nurse.
adult family care home that is licensed by or approved by the
(e) "Facility staff member" means an individual employed by a
facility but does not include a health care professional acting
within the scope of a professional license or certificate.
(f) "Health care professional" means a medical doctor or
doctor of osteopathy, a podiatrist, registered nurse, practical nurse, registered nurse practitioner, physician's assistant,
dentist, optometrist or respiratory care professional licensed
under chapter thirty of this code.
(g) "ICF/ID" means an intermediate care facility for
individuals with an intellectual disability which is certified by
(h) "Location of medication administration" means a facility
or location where the resident requires administration of
medication or assistance in taking medications.
(i) "Medication" means a drug, as defined in section one
hundred one, article one, chapter sixty-a of this code, which has
been prescribed by a duly authorized health care professional to be
ingested through the mouth, applied to the outer skin, eye or ear,
or applied through nose drops, vaginal or rectal suppositories.
(j) "Registered professional nurse" means a person who holds
a valid license pursuant to article seven, chapter thirty of this
(k) "Resident" means a resident of a facility.
(l) "Secretary" means the Secretary of the Department of
Health and Human Resources or his or her designee.
(m) "Self-administration of medication" means the act of a
resident, who is independently capable of reading and understanding
the labels of drugs ordered by a physician, in opening and
accessing prepackaged drug containers, accurately identifying and taking the correct dosage of the drugs as ordered by the physician,
at the correct time and under the correct circumstances.
(n) "Self-administration of medication with assistance" means
assisting residents who are otherwise able to self administer their
own medications except their physical disabilities prevent them
from completing one or more steps in the process.
(o) "Supervision of self-administration of medication" means
a personal service which includes reminding residents to take
medications, opening medication containers for residents, reading
the medication label to residents, observing residents while they
take medication, checking the self administered dosage against the
label on the container and reassuring residents that they have
obtained and are taking the dosage as prescribed.
NOTE: The purpose of this bill is to remove adult family care
homes from the definition of a facility, and therefore coverage,
under the Medication Administration by Unlicensed Personnel Act.
Strike-throughs indicate language that would be stricken from
the present law and underscoring indicates new language that would